Thread: Officials in Kenneth City, Fl., want to search private homes

Did anyone hear about this?

Kenneth City delays decision on neatness ordinance

The proposal basically sets standards for upkeep and appearance and gives town officials the right to enter homes. If the owner refuses to allow the official to enter, the town can go to a judge for an "administrative search warrant" to allow access to the interior of buildings. Violations would cost up to $250 a day

Paul Marino and the city counsel need to learn the law before threatening to search owner-occupied family residences to see if they are “neat“.

Perhaps Marino and Kenneth City’s town counsel ought to start with a review of:


Florida Attorney General
Advisory Legal Opinion
Number: AGO 2002-27
Date: April 4, 2002

Subject: Code enforcement, search of private property

[quote]
“The Florida Legislature has made provision for the issuance of limited administrative search warrants in sections 933.20- 933.30, Florida Statutes. These written orders, designated "inspection warrant(s)," must be signed by a judge or committing magistrate and directed to a state or local official to conduct an inspection of any building, place, or structure as authorized or required by state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards.[11] Owner-occupied family residences are specifically exempted from the provisions of this act.[12]

In sum, it is my opinion that a municipal code inspector is without authority to enter onto any private, commercial, or residential property to assure compliance with or to enforce the various technical codes of the county or to conduct any administrative inspections or searches without the consent of the owner or the operator or occupant of such premises, or without a duly issued search or administrative inspection warrant. The procurement and issuance of administrative inspection warrants is governed by the provisions of sections 933.20-933.30, Florida Statutes. [b][i]However, owner-occupied family residences are exempt from the provisions of sections 933.20-933.30, and a search warrant or prior consent and approval of the owner is required for a search of these premises.â€

First thing that popped into my mind was the 4th Ammendment.

This tells me that local municipalities are really feeling the financial pinch, and need a new way to generate revenue. Instead of cutting unnecessary bloated socialist programs that don't work, and the jobs that go with them, they want to invade your privacy, to tell you how to keep your house. They are not content with the yard nazis that run around the neighborhoods with the eyes and ears signs on them threatening people with the condition of their yards, but now they want to fine you if happen to skip vacuuming your carpet, or mopping your floor.

The government from top to bottom is so out of control and has run amok now, it is going to take a massive effort to put the genie back in the bottle. Find a place to stash your muskets boys and girls. As it's another ploy to find out more than needed by government, and possibly to take a census of who has the ability to fight back with force if they need to.

This is really starting to remind me of books like 1984, and Brave New World, and Fahrenheit 451.

Originally Posted by Hylander_1314

First thing that popped into my mind was the 4th Ammendment.

Unfortunately there seems to be a significant number of people who miss the point of those who object to the ordinance. What is the thinking of a public official, who has taken an oath to preserve and protect constitutionally protected rights, who lends their support in an attempt to enact the ordinance in question?

If the proposal was not such a blatant attempt to subjugate a fundamental constitutionally protected right as the right to be free of government intrusions into the sanctity of one’s home, the apathetic attitude could be somewhat understandable. But what we are here talking about is in fact a proposal intentionally designed by control freaks [for lack of a more suitable term], to intimidate into submission those among us who may not be aware of rights guaranteed to them under Florida’s Declaration of Rights, and, that even armed with an administrative warrant a code enforcement office has no authority to enter an owner occupied residence without the owner's prior permission. And so, if such an ordinance is adopted, the proverbial slippery slope would be created and it is only then a matter of time before it becomes customary to allow such searches.


In any event, and to put this into perspective, let me quote the late Supreme Court Justice William Douglas:

As nightfall does not come at once, neither does oppression. In both instances there is a twilight where everything remains seemingly unchanged. And it is in such twilight that we all must be aware of change in the air - however slight - lest we become unwitting victims of darkness.

JWK

I have no idea if Kenneth City has a problem with single family homes having 9-10 vehicles parked on the lawn every night, exceeding occupancy. Or, neighbors are getting tired of continual traffic to some drug house, day and night. Unfortunately, our privacy and peaceful enjoyment of our lives has been usurped by those that do not belong here in the first place, those that have broken our laws, and it seems that now we must pay.

Originally Posted by johnwk

Originally Posted by Hylander_1314

First thing that popped into my mind was the 4th Ammendment.

Unfortunately there seems to be a significant number of people who miss the point of those who object to the ordinance. What is the thinking of a public official, who has taken an oath to preserve and protect constitutionally protected rights, who lends their support in an attempt to enact the ordinance in question?

If the proposal was not such a blatant attempt to subjugate a fundamental constitutionally protected right as the right to be free of government intrusions into the sanctity of one’s home, the apathetic attitude could be somewhat understandable. But what we are here talking about is in fact a proposal intentionally designed by control freaks [for lack of a more suitable term], to intimidate into submission those among us who may not be aware of rights guaranteed to them under Florida’s Declaration of Rights, and, that even armed with an administrative warrant a code enforcement office has no authority to enter an owner occupied residence without the owner's prior permission. And so, if such an ordinance is adopted, the proverbial slippery slope would be created and it is only then a matter of time before it becomes customary to allow such searches.


In any event, and to put this into perspective, let me quote the late Supreme Court Justice William Douglas:

As nightfall does not come at once, neither does oppression. In both instances there is a twilight where everything remains seemingly unchanged. And it is in such twilight that we all must be aware of change in the air - however slight - lest we become unwitting victims of darkness.

JWK

Well put brother. What we see going on is so similar to what happenned in Germany in the 30s. Deception, abuse, and deceit at a grand level, purported by those who have taken an oath to preserve and protect.

More and more we are seeing what happenned to the colonists before the Declaration of Independence was sent to King George III. Domestically, we seem to be at a similar point around the 1770 to 1775 era.

Kenneth City Commission backs down on home invasion plan. SEE:



Backlash over Kenneth City blight plan

The commission did respond to the critics, agreeing to change some of the plan -- specifically, they removed the page that spells out inspections on the inside of homes.

First of all, the caption ought to have been as I titled it. But what can we expect from our big government loving media which loves to sugar coat government tyranny?


In any event, keep in mind that when people confront their elected employees as they did in Kenneth City and express their outrage, they can make a difference. This issue generated the largest crowd ever in the history of Kenneth City and the people took to task those who would dare to subjugate their right to be free from government intrusions into their homes.


Great work to the people of Kenneth City!


But I still believe the city council, and especially Kenneth City’s attorney Paul Marino who is responsible for authoring the proposal, ought to be run out of the city on a rail for even considering invading the sanctity of people’s homes.


JWK



[b][i]Those who reject abiding by the intentions and beliefs under which our Constitution was agree to, as those intentions and beliefs may be documented from historical records during our Constitution‘s framing and ratification process, wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpretâ€